Variance 1235 – 607 4^th Avenue N – Clear Vision – A variance from 27-615(a) requiring any permanent structure in a clear vision area at an intersection controlled by a traffic signal to be 30 inches in height or less, to allow a permanent structure over 30 inches in height to encroach up to 4 feet into the required clear vision area, as proposed in the AASHTO analysis for the traffic signal controlled intersection. The variance would allow the construction of a new building. Tax ID: D05887. Presented by Nicole Cromwell, Zoning Coordinator
 

Planning staff is recommending conditional approval and adoption of the findings of the 7 criteria for Variance 1235.

OWNER: Peter Yegen, Jr Family Trust
AGENT: Howa Design
LEGAL DESCRIPTION: C/S 2212, Parcel 1
ADDRESS: 607 4th Avenue N - aka 411 N 7th Street
CURRENT ZONING: CI
EXISTING LAND USE: Vacant
PROPOSED USE: Splish Splash Car Wash
SIZE OF PARCEL: 1.3 acres

Building Permit #BP-16-01440 - Footing and Foundation

Subject Property - County Variance 49 was granted in 1978 to reduce the side adjacent to street setback for a new structure from 10 feet to 5 feet.
Surrounding property - Three additional setback variances have been granted in the immediate vicinity including 1 for the Pacific Steel screening fence installed along 6th Avenue North to reduce the arterial setback from 80 feet to 38 feet. Two variances were granted for 1123 1st Avenue North to reduce the side adjacent to street setback from 10 feet to 2.5 feet and the front setback from 20 feet to 0 feet.

NORTH:	Zoning: CI Land Use: Railroad leased land
SOUTH:	Zoning: CI Land Use: Auto Sales
EAST:	Zoning: Public Land Use: Metra Park
WEST:	Zoning: CI Land Use: Elevation Church

This is an application to allow a permanent encroachment in the defined clear vision area at a signalized intersection and to accept the proposed AASHTO (American Association of Street and Highway Traffic Officials) engineered clear vision area to govern this property at the intersection of 4th Avenue North and Exposition Drive. The property owner, Peter Yegen Jr. Trust, has entered and agreement with the developer to place a new Splish Splash Car Wash on this parcel of land. The property was annexed to the city in 2015 and placed within the Tax Increment Finance district adopted for the East Billings Urban Renewal district. The zoning of Controlled Industrial is the original zoning of the property since 1973 when the County adopted zoning.
Prior to 2009, the zoning code requirements for clear vision at intersections stipulated a 25 foot by 25 foot clear vision triangle at all traffic controlled intersection whether controlled by a signal or by a stop sign. The City Traffic Engineer determined the simplified versions of clear vision triangles were not adequate to address all of the intersection types especially when the geometry of the intersection was not a uniform 90 degree angle with no changes in elevation of either street. In 2009 and again in 2012, the City Council and County Commissioners adopted amendments to the clear vision requirements to encompass most of the traffic situations encountered in the Billings area. The code amendment for traffic controlled intersections was specifically written so that road geometry with angles of intersection of less than 90 degrees or with speeds higher than 35 mph would be at the determination of the City Traffic Engineer. The code did not anticipate the need to have a staff determination in the case where the angle of intersection was greater than 90 degrees as is the case with this subject property.
The property owner and developer met with the city staff at least twice to review a proposed site design. The original design placed the car wash facility at the north end of the property away from all the adjoining streets. The city staff requested the site design attempt to mirror and emulate the East Billings Urban Renewal form where buildings frame the street rather than the parking lot. The site was redesigned with effort to accomplish a better urban form and placed the car wash facility along the east property line that faces the Metra Park facility. The design requirements for the facility made this the most appropriate location for the new building. It was not discovered until the footing and foundation plan was submitted for building permit review the small corner of the south east end of the facility was in the defined clear vision triangle.
The applicant's agent, Josh Howa, and traffic engineers from Sanderson Stewart analyzed the intersection using the standard AASHTO method. This method is more refined and is accepted by most city and county traffic engineers as a legitimate alternative to a "cookie cutter" clear vision standard.
The City Traffic Engineer, Terry Smith, has reviewed the AASHTO analysis and drawings and finds the proposed clear vision area acceptable for traffic safety at this intersection. The Planning staff has reviewed the 7 criteria for this variance and is recommending conditional approval. The staff finds the lot is an unusual shape and its location at the intersection of 3 streets may be a hardship in this case. The applicant can re-design the project to meet the standard clear vision area but the form and placement of the structure would be a detriment to the long term urban vitality of the area. The staff finds there have been several precedent variances granted in the immediate vicinity that support granting this variance so it does not deprive this owner of rights commonly enjoyed by other property owners. The proposed variance will meet the intent of the zoning regulations and adopted growth policies for this area of Billings. The City Traffic Engineer believes the proposed analysis using the AASHTO model will provide commensurate traffic safety at this intersection. The Planning staff is recommending several conditions of approval in the attached Findings of the Review Criteria.

Staff recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1235.